MANILA, Philippines – Former Senior Supt. Cezar Mancao II has asked a Manila court to discharge one of his co-accused in the Salvador "Bubby" Dacer-Emmanuel Corbito murder case who may be a victim of mistaken identity.

In a manifestation submitted by his lawyer, Ferdinand Topacio, to Manila Regional Trial Court Branch 18, which has been hearing the case, Mancao said he did not know PO2 Thomas Sarmiento or of any participation he may have had in any stage of the crime.

Sarmiento was among the 22 persons charged in the 2000 killings of publicist Dacer and his driver, Corbito, which were carried out allegedly by policemen.

"Under the circumstances, it would appear that as far as Colonel Mancao and the undersigned are concerned, accused Sarmiento's incarceration is truly a case of mistaken identity...," said Topacio in the manifestation filed on Nov. 27.

Sarmiento's lawyer, Alex Avisado, earlier filed a motion for the immediate dismissal of his client as an accused, saying that a witness, former Supt. Glenn Dumlao, had failed to identify Sarmiento during the Nov. 12 hearing.

Avisado said Dumlao, in his affidavit, referred to a "Mario Sarmiento" and not Thomas Sarmiento.

Likewise, the lawyer said that none of the other witnesses in the case mentioned Sarmiento and there was a lack of documentary evidence implicating his client.

"In contrast, there is more than ample evidence evincing the fact that on the date and time of the crime charged, Sarmiento was in Cebu City discharging his duties as a police officer as may be culled from the affidavits of a Cebu City prosecutor and Sarmiento's superiors in the police force," Avisado said.

"We agree with attorney Avisado that accused Sarmiento should not stay in jail a minute longer... (we) hereby vigorously join the manifestation and motion of attorney Avisado, including his prayer that (Sarmiento) be forthwith discharged from the instant case as an accused," Topacio said.